Legislative Update – 2/6/23

Things are picking up and should start getting very busy as we get closer to transmittal. Transmittal is scheduled for the first week in March. By then we generally know what bills we are dealing with, although crazy things do happen.

Last week

We testified or submitted testimony on three bills.

HB 337: Revise municipal zoning laws to prohibit certain minimum lot sizes. Katie Zolnikov (R) HD 45.

Oppose

This was an interesting hearing as everyone agreed zoning reforms are necessary. We are not supportive of the state rewriting municipal zoning codes for every city and town in the state, which is what this bill does. Action has not been taken yet.

HB 299: Revise resolution and ordinance requirements re: land use regulation enforcement. Jedediah Hinkle (R) HD 67

Support

This is a very simple bill that clarifies some language in a bill from last session (HB 257). It makes it clear that zoning is not affected by the legislation from last year that limits some local government authority.

SB 178: Generally revise cryptocurrency laws. Daniel Zolnikov (R) SD 22

Oppose

We are concerned with language in the bill that would invertedly freeze zoning in a zoning district in place if a cryptocurrency business was present. It wasn’t the intent of the bill. We believe amendments will be introduced, if they address our concerns, we will drop our opposition.

The week ahead

So far, there are only two hearings on deck but there are several bills lingering out there that could be scheduled.

SB 245: Revise municipal zoning to allow multifamily and mixed use development. Daniel Zolnikov (R) SD 22.

Hearing-02/06/23 (S)Local Gov. 2:30pm. Rm 405

Oppose

This is another municipal zoning preemption bill that goes way to far and will have big impacts on communities in many ways. Again, zoning reform is not the issue, it is the prescriptive nature that is the problem. You simply cannot rewrite every zoning code in the state through state enabling statues.

HB 369: Require referendum to adopt growth policy. Marty Malone (R) HD 59

Hearing – 02/09/23 (H) Local Gov. 3pm. Rm 472

Oppose

Supposedly, the sponsor believes there is not enough public involvement in drafting growth policies for the governing body to make an informed decision, and any adoption or amendment of a growth policy needs a referendum. Obviously, this is exceedingly bureaucratic, and will be the death of private amendments. Long story short, this will make it harder for communities to plan for ways to provide housing.

On deck

These bills could have hearings as early as this week.

LC0590 – Revise Zoning Laws – This bill would prohibit counties from adopting minimum lot sizes in zoning, it would have a retroactive effect meaning it is applicable to existing zoning. If you work in or for a county that has Part II zoning, make your County Commissioners aware of this bill. We are opposed.

LC2674 – Revise property laws related to lakeshore regulations – This bill says that structures in the lakeshore zone that were in place as of January 1, 2023, are grandfathered in. This has to be a constituency bill. We have not taken a position yet.

LC4434 – Generally revise land survey laws –This bill brings back occasional sale, now the “one time split.” We are opposed. We don’t need more exemptions to subdivision review.